Editing President of India (section)

=== Emergency powers ===
The president can declare three types of emergencies: national, state and financial, under articles 352, 356 & 360 in addition to promulgating ordinances under article 123.<ref name="Laxmikanth2010" />{{rp|12}}

==== National emergency ====
{{See also|The Emergency (India)}}
A national emergency can be declared in the whole of India or a part of its territory for causes of war or armed rebellion or an external aggression. Such an emergency was declared in India in 1962 ([[Sino-Indian War|Indo-China war]]), 1971 ([[Indo-Pakistani War of 1971|Indo-Pakistan war]]),<ref name="Omar2002">{{cite book|url=https://books.google.com/books?id=o6-wZP7Tz8YC&pg=PA129|title=Emergency Powers and the Courts in India and Pakistan|last=Omar|first=Imtiaz|publisher=Martinus Nijhoff Publishers|year=2002|isbn=978-90-411-1775-5|page=129|archive-url=https://web.archive.org/web/20160603104218/https://books.google.com/books?id=o6-wZP7Tz8YC&pg=PA129|archive-date=3 June 2016|url-status=live}}</ref> and 1975 to 1977 (declared by [[Indira Gandhi]]).<sup>[[The Emergency (India)|[see main]]]</sup>

Under [[s:Constitution of India/Part XVIII|Article 352]] of the India constitution, the president can declare such an emergency only on the basis of a written request by the cabinet of ministers headed by the [[Prime Minister of India|prime minister]]. Such a proclamation must be approved by the parliament with at least a two-thirds majority within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval-there is no maximum duration.<ref name="Laxmikanth2010" />{{page needed|date=May 2013}}

In such an emergency, [[Fundamental Rights in India|Fundamental Rights of Indian citizens]] can be suspended.<ref name="SharmaB.k.2007" />{{rp|33}} The six freedoms under [[Fundamental Rights, Directive Principles and Fundamental Duties of India#Right to Freedom|Right to Freedom]] are automatically suspended. However, the Right to Life and Personal Liberty cannot be suspended ([[s:Constitution of India/Part III#Article 21 %7BProtection of life and personal liberty%7D|Article 21]]).<ref name="Arora">{{cite book|url=https://books.google.com/books?id=z8Flb0gZ3ZkC&pg=SA20-PA6|title=Political Science for Civil Services Main Examination|last=Arora|first=N.D.|publisher=Tata McGraw-Hill Education|year=2010|isbn=978-0-07-009094-1|archive-url=https://web.archive.org/web/20160513055041/https://books.google.com/books?id=z8Flb0gZ3ZkC&pg=SA20-PA6|archive-date=13 May 2016|url-status=live}}</ref>{{rp|20.6}}

The president can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws).<ref name="History & Civics">{{cite book|url=https://books.google.com/books?id=GDmuSf3ZWtIC&pg=PA14|title=History & Civics|publisher=Rachna Sagar|isbn=978-81-8137-037-2|page=14|archive-url=https://web.archive.org/web/20160509151214/https://books.google.com/books?id=GDmuSf3ZWtIC&pg=PA14|archive-date=9 May 2016|url-status=live}}</ref> Also, all money bills are referred to the president for approval.<ref name="bright pub">{{cite book|url=https://books.google.com/books?id=ZCIFvcCxua0C|title=The Constitution of India: For all Academic and Competitive Examinations|publisher=Bright Publications|isbn=978-81-7199-054-2|page=48|archive-url=https://web.archive.org/web/20160729031538/https://books.google.com/books?id=ZCIFvcCxua0C|archive-date=29 July 2016|url-status=live}}{{year needed|date=May 2013}}</ref>{{rp|88}} The term of the [[Lok Sabha]] can be extended by a period of up to one year, but not so as to extend the term of parliament beyond six months after the end of the declared emergency.<ref name=Kumar />{{rp|223}}

National Emergency has been proclaimed 3 times in India to date. It was declared first in 1962 by President [[Sarvepalli Radhakrishnan]], during the [[Sino-Indian War]]. This emergency lasted through the [[Indo-Pakistani War of 1965]] and up to 1968. It was revoked in 1968. The second emergency in India was proclaimed in 1971 by President [[V. V. Giri]] on the eve of the [[Indo-Pakistani War of 1971]]. The first two emergencies were in the face of external aggression and War. They were hence external emergencies. Even as the second emergency was in progress, another internal emergency was proclaimed by President [[Fakhruddin Ali Ahmed]], with [[Indira Gandhi]] as prime minister in 1975. In 1977, the second and the third emergencies were together revoked.

==== State emergency ====
{{See also|Federalism in India}}
If the president is not fully satisfied, on the basis of the report of the governor of the concerned state or from other sources, that the governance in a state cannot be carried out according to the provisions in the constitution, they can proclaim under Article 356 a state of emergency in the state.<ref name="const" /> Such an emergency must be approved by the [[Parliament of India|parliament]] within a period of 2 months.

Under [[s:Constitution of India/Part XVIII|Article 356]] of the [[Constitution of India|Indian constitution]], it can be imposed from six months to a maximum period of three years with repeated parliamentary approval every six months. If the emergency needs to be extended for more than three years, this can be achieved by a [[Constitution of India|constitutional amendment]], as has happened in [[Punjab, India|Punjab]] and [[Jammu and Kashmir (union territory)|Jammu and Kashmir]].

During such an emergency, the president can take over the entire work of the executive, and the governor administers the state in the name of the president. The Legislative Assembly can be dissolved or may remain in suspended animation. The parliament makes laws on the 66 subjects of the state list<ref>{{cite book|url=https://books.google.com/books?id=5jwLBRuWHnkC&pg=SL3-PA27|title=New ICSE History and Civics|publisher=Frank Brothers|isbn=978-81-8409-587-6|page=3|archive-url=https://web.archive.org/web/20160505140727/https://books.google.com/books?id=5jwLBRuWHnkC&pg=SL3-PA27|archive-date=5 May 2016|url-status=live}}{{year needed|date=May 2013}}</ref> (see [[National Emergency in India|National emergency]] for explanation).

A State Emergency can be imposed via the following:
# By Article 356{{spaced ndash}}If that state failed to run constitutionally, i.e. constitutional machinery has failed. When a state emergency is imposed under this provision, the state is said to be under "[[President's rule]].<ref name="HardgraveKochanek2008">{{cite book|url=https://books.google.com/books?id=pSyRgcSQhuIC|title=India: Government and Politics in a Developing Nation|last1=Hardgrave|first1=Robert L.|last2=Kochanek|first2=Stanley A.|publisher=Cengage Learning|year=2008|isbn=978-0-495-00749-4|archive-url=https://web.archive.org/web/20160519181457/https://books.google.com/books?id=pSyRgcSQhuIC|archive-date=19 May 2016|url-status=live}}</ref>{{rp|159}}
# By Article 365{{spaced ndash}}If that state is not working according to the direction of the Union government issued per the provisions of the constitution.<ref name="Sarkar">{{cite book|url=https://books.google.com/books?id=DAroH5ZqPgsC&pg=PA17|title=Constitutional Crisis in the States in India|last=Srivastava|first=Meera|publisher=Concept Publishing Company|year=1980|page=17|id=GGKEY:0BS5QYU7XF2|access-date=31 May 2012|archive-url=https://web.archive.org/web/20130508123539/http://books.google.com/books?id=DAroH5ZqPgsC&pg=PA17|archive-date=8 May 2013|url-status=live}}</ref>

This type of emergency needs the approval of the parliament within 2 months. It can last up to a maximum of three years via extensions after each 6-month period. However, after one year it can be extended only if

# A state of National Emergency has been declared in the country or the particular state.
# The Election Commission finds it difficult to organise an election in that state.

The [[Sarkaria Commission]] held that presidents have unconstitutionally misused the provision of Article 356 many times for achieving political motives, by dismissing the state governments although there was no constitutional break down in the states.<ref>{{cite web|url=http://lawmin.nic.in/ncrwc/finalreport/v2b2-5.htm|title=National Commission to Review the Working of the Article 356 of the constitution|year=2001|archive-url=https://web.archive.org/web/20150509030437/http://lawmin.nic.in/ncrwc/finalreport/v2b2-5.htm|archive-date=9 May 2015|url-status=dead|access-date=29 July 2015}}</ref> During 2005, President's rule was imposed in [[Bihar]] state, misusing Article 356 unconstitutionally to prevent the democratically elected state legislators to form a government after the state elections.

There is no provision in the constitution to re-promulgate president's rule in a state when the earlier promulgation ceased to operate for want of parliaments approval within two months duration. During 2014 in Andhra Pradesh, president's rule was first imposed on 1 March 2014 and it ceased to operate on 30 April 2014. President's rule was promulgated after being fully aware that the earliest parliament session is feasible at the end of May 2014 after the general elections. It was reimposed again unconstitutionally on 28 April 2014 by the president.<ref>{{cite web|url=http://www.egazette.nic.in/WriteReadData/2014/159233.pdf|title=Re-proclamation of President rule in Andhra Pradesh|year=2014|archive-url=https://web.archive.org/web/20140924041027/http://www.egazette.nic.in/WriteReadData/2014/159233.pdf|archive-date=24 September 2014|url-status=live|access-date=17 August 2014}}</ref><ref>{{cite news|url=http://timesofindia.indiatimes.com/india/Andhra-Pradesh-mired-in-President-rule-imbroglio/articleshow/33933171.cms|title=Andhra Pradesh mired in President rule imbroglio|work=The Times of India|access-date=21 September 2014|archive-url=https://web.archive.org/web/20140706013450/http://timesofindia.indiatimes.com/india/Andhra-Pradesh-mired-in-President-rule-imbroglio/articleshow/33933171.cms|archive-date=6 July 2014|url-status=live}}</ref>

==== Financial emergency ====
Article 282 accords financial autonomy in spending the financial resources available with the states for public purposes.<ref name="const" /><ref>{{cite web|url=http://indiankanoon.org/doc/976795/|title=Supreme Court Judgement: Bhim Singh vs U.O.I & Ors on 6 May, 2010|archive-url=https://web.archive.org/web/20120322134716/http://indiankanoon.org/doc/976795/|archive-date=22 March 2012|url-status=live|access-date=21 March 2012}}</ref> [[s:Constitution of India/Part XII|Article 293]] gives liberty to states to borrow without any limit to its ability for its requirements within the territory of India without any consent from the Union government. However, the Union government can insist on compliance with its loan terms when a state has an outstanding loan charged to the consolidated fund of India or an outstanding loan in respect of which a guarantee has been given by the Government of India under the liability of consolidated fund of India.<ref>{{cite web|url=http://fincomindia.nic.in/writereaddata%5Chtml_en_files%5Cfincom14/others/42.pdf|title=Article 293 and its application|archive-url=https://web.archive.org/web/20160518160231/http://fincomindia.nic.in/writereaddata/html_en_files/fincom14/others/42.pdf|archive-date=18 May 2016|url-status=live|access-date=21 March 2016}}</ref>

Under article 360 of the constitution, the president can proclaim a financial emergency when the financial stability or credit of the nation or any part of its territory is threatened.<ref name="const" /> However, until now no guidelines defining the situation of financial emergency in the entire country or a state or union territory or a panchayat or a municipality or a corporation have been framed either by the [[Finance Commission of India|finance commission]] or by the central government.

Such an emergency must be approved by the parliament within two months by a simple majority. It has never been declared.<ref name="sharma kanhaiya">{{cite book|url=https://books.google.com/books?id=14U2EOCvQHoC&pg=PA321|title=Reconstitution of Constitution of India|last=Sharma|first=Kanhaiyalal|publisher=Deep and Deep Publications|year=2002|isbn=81-7629-405-5|archive-url=https://web.archive.org/web/20160519122048/https://books.google.com/books?id=14U2EOCvQHoC&pg=PA321&dq=Finance+emergency+in+India&hl=en&sa=X&ei=rgmiUaONC8eXiQKSuoD4Bw&ved=0CEwQ6AEwBg|archive-date=19 May 2016|url-status=live}}</ref>{{rp|604}} A state of financial emergency remains in force indefinitely until revoked by the president.<ref name=Kumar />{{rp|195}}

The president can reduce the salaries of all government officials, including judges of the [[Supreme Court of India|supreme court]] and [[List of high courts in India|high courts]], in cases of a financial emergency. All money bills passed by state legislatures are submitted to the president for approval. They can direct the state to observe certain principles (economy measures) relating to financial matters.<ref name="general studies Indian polity">{{cite book|url=https://books.google.com/books?id=lYMuFKCCLDEC&pg=PA106|title=general studies Indian polity|publisher=Upkar Prakashan|page=106|access-date=12 May 2012|archive-url=https://web.archive.org/web/20130508123832/http://books.google.com/books?id=lYMuFKCCLDEC&pg=PA106|archive-date=8 May 2013|url-status=live}}</ref>